The Russellville Democrat., 1887-06-15

failure to do so. The provision recognises the right of the regular judge to appear at any time during the term and assume his judicial du ties if a special judge has set and kept the machinery of the court in motion; and this right, having been chrYstalized by the constitution can not be impaired by the legislature. But we are aware of no cannon of construction which would justify the conclusion that a denial of the legis lative power to authorize the Judge to open court after the second day when no special judge has been cho sen is necessarily implied, because the right to do so is preserved to him if a special judge has been cho- sen. An implied prohibition against depriving him of the right to appear in one case cannot loglcally be con struec as an implied restraint upon the power to grant him the right Tn the other. Sedgewick, Const and St. Law AIS u (a). Penzell vs. smith 2l Iowa $40, State vs. Tait P Ib. 140. This power of the legislature had never been recognized as an evil that needed correction. We find nothing il the provision to in dlcate the intention of imposing q restraint upon tue law making power in this respect. The statutory pro. visions referred to are as follows:
 Sec. IT. If any court shall not be held on the first day Of the term, such court shall stand adjourned from day to day, until the evening of the third day.
 Sec. Is. If at that time the court shall not be opened, such court shall stand adjourned until the next regu- lar term, and all cases civil, penal and criminal, shall stand adjourned over until the next term of such court. Gould's digest c. 50.
 Construing these provisions as in PART MATERlA with the constitution. { (Billingsty ys. State IA Md. 369), the conclusion is thatif the attorneys fail to exercise their privilege of choosing aspecIal judge at 10 o'clock of the second day of the term, and the regular judge does not appear, the court will stand adjourned until the next day when he may lawfully assume the duties of the bench There is then no irregularity dis closed by the record in the time of the court III this case, and, the cause must be determined upon it's merits.
 The complaint filed by the con testants, who are the appellants here, charge the offer Of the appellees to build court house and jail and do nate them to the county in case the county seat should be changed, and the execution of a bond payable to the county commissioner for the faithful performance of their prom ise, was the offer of bribe to the electors; that a sufficient number of votes to change the results was in fuenced thereby, and that the cleo tion voting change of the county seat was for that reason void.
 The donating of facilities for the public convenience as an inducement to Che electors of county to vote for the removal of county seat, will not invalidate the election, has been ruled in every case where the ques- tion has arisen to which our atten ton has been called, and as we think upon sound reasoning. State vs. Ething, Kanse Deshon vs. Smith 10 Iowa PIP. State vs. Purdy 36 Mis-. 225, Wells vs. Taylor 5 Montana POP.
 The considerations of public poIi- cy which avoid the election of a candidate for an office who offers to serve the public at less than the sal ary fixed by law, do not apply to cases like the ore at bar. The dis tinction between the two classes of cases briefly stated is the difference between determining upon the moral character and personal fitness of an individual upon whom the integrity of the government and the preserya. tion of it's principles, may for the time be involved; and settling a question of public convenience and pecuniary interest involving no prin- clple Of self government. The latter being question primarily of mate rlal advantages of many kinds, an offer by municipality or of part of it's citizens to increase these advan tages introduce no foreign or i'm proper matter to the consideration of the voter.
 The demurrer was properly sns- tained and it was not error for the circuit court after obtaining juris diction by the appeal to enter the order directing an election to be held to determine to which of the two contesting points the removal should be made.
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